PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 1102E
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102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Charging party's failure to file a grievance within contractual time limit did not constitute exhaustion of grievance procedure and PERB lacks jurisdiction over that allegation (Eureka City School District (1988) PERB Decision No. 702); p. 3. Charging party's failure to exercise grievance process in accord with terms and conditions it agreed to may preclude further pursuit of the grievance process, including arbitration, but that does not create futility; p. 6.